Court Says County Can’t Charge Probation Expenses to Parents

Orange County may not legally force parents to pay the costs of court-ordered probation for juvenile offenders, a state appellate court decided Tuesday.

The opinion, written by Justice Sheila P. Sonenshine, cited a 1982 state Supreme Court decision invalidating a law that would have required parents to reimburse the state for the costs of incarcerating juvenile offenders.

In the unanimous 4th District Court of Appeal opinion, the justices held that government may not shift the costs of maintaining public institutions to private individuals.

“The question was: Can an individual be required to pay the costs of government?” said Roy C. Zukerman, an attorney who successfully argued the case. Zukerman contested a bill of “about $1,000” that county officials sent him for supervision of his son, Nathaniel, now 19.

Zukerman said his son was involved in a “minor property offense” and was placed on probation. He failed to make an appointment with a juvenile officer and was placed on a home supervision plan and probation, according to Zukerman.

Any expenses incurred for “the protection of society and the minor and the rehabilitation of the minor” are costs of government and may not be shifted, according to the appellate court opinion.

The costs of services that parents have a pre-existing duty to provide can be collected from them, the court ruled. Such expenses include legal costs, medical treatment and minimum support.

County lawyers argued that, because the boy was not placed in custody in juvenile hall, the state should be able to collect for the costs of probation supervision.

“Our Supreme Court and our Legislature recognized (that) parents could not constitutionally be charged for certain expenses which properly were society’s responsibility,” Sonenshine wrote. “It does not matter whether those costs are incurred while the minor is at home or in juvenile hall.”

Zukerman, 54, of Fountain Valley estimated his costs for the appeal at $1,500 to $2,000. He said there is no question that he lost money on the appeal.

County officials could not be reached for comment.